P. v. Villegas CA5
It is undisputed that appellant Ernesto Murillo Villegas had sex with the victim in this case, Anne H., during a New Year’s Eve party. However, it was disputed whether the sex was consensual and, if not, whether Anne was intoxicated or unconscious. The court instructed the jury that it could find appellant guilty of rape of an intoxicated person or rape of an unconscious person, but not both. The jury convicted him of rape of an intoxicated person (count 1) and he received a three-year prison sentence.
Appellant raises four issues on appeal. First, he contends the trial court erred in permitting the admission of his police interview, which he claims was coercive. Second, he argues the court erred in prohibiting defense counsel from impeaching Anne at trial with a text message she had sent to a witness; respondent concedes error on this issue but asserts it was harmless.
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